# EAD and Advance Parole After Concurrent Filing > When I-485 is filed concurrently with I-526E, investors may also apply for an employment authorization document (I-765) and advance parole (I-131). This guide explains what they are, how to apply, validity, travel cautions, and renewal. - URL: https://eb5policy.com/guides/ead-and-advance-parole/ - Language: en - Category: guides - Published: 2026-08-20 - Tags: I-765, I-131, concurrent filing The EB-5 Reform and Integrity Act of 2022 (RIA) allows applicants in lawful status in the United States to file Form I-485 concurrently with the I-526E when a visa number is available. The most immediate benefit of that arrangement is the ability to apply at the same time for an Employment Authorization Document (EAD) and Advance Parole (AP). Because I-485 adjudication can take a long time, these two documents determine whether the applicant can work and travel while waiting. This article explains what they are, how to apply, and where their limits lie. ## What each document does | Document | Form | Purpose | Basis | | --- | --- | --- | --- | | EAD (work permit) | I-765 | Authorizes work for any employer, or self-employment, while I-485 is pending | Employment authorization category based on a pending I-485 | | Advance Parole | I-131 | Allows the applicant to leave and return to the U.S. by parole while I-485 is pending | Travel document based on a pending I-485 | Both are ancillary to the I-485. If the I-485 is denied or withdrawn, the EAD and advance parole lose their validity. One important distinction: advance parole is not a visa. Entry with advance parole is a "parole," not an "admission." For most EB-5 applicants this makes no practical difference, but in cases with a complicated immigration history it can carry legal consequences and should be reviewed by counsel. ## How to apply With concurrent filing, the I-765 and I-131 are usually mailed together with the I-485, and USCIS issues separate receipt notices. They may also be filed later, at any point while the I-485 is pending. Key points: 1. **Fees**: I-765 filed with I-485 is $260; I-131 is $630 (USCIS fee schedule effective April 1, 2024). Confirm the current schedule. 2. **Photos**: passport-style photos to USCIS specifications. 3. **Identity documents**: passport, I-94, current status approval notices, and the I-485 receipt notice if already issued. 4. **Travel statement on I-131**: the form asks for the purpose and plan of travel. A general statement (family visits, business, tourism) is sufficient; itemized itineraries are not required. 5. **Biometrics**: USCIS schedules fingerprint and photo collection, typically before the EAD is issued. Each family member files a separate I-765 and I-131, and each pays separately. ## Validity and format Validity periods are those printed on the documents USCIS issues. In recent years USCIS has lengthened the validity of EADs based on pending I-485 applications, but policy can change; rely on the dates on the card or approval notice. Advance parole is typically valid for a shorter period than the EAD. USCIS has at times issued the EAD and advance parole as a single combined card and at other times as separate documents. The format follows current USCIS practice. Whatever the format, check the expiration date and name spelling before use. ## Travel cautions This is where mistakes most often happen. - **Do not depart before advance parole is approved.** Unless you hold and maintain a dual-intent status such as H-1B or L-1, leaving the U.S. without advance parole while I-485 is pending is treated as abandonment of the I-485. - **Departing while the I-131 is pending** abandons the I-131 application. Wait for the document before traveling. - **Carry the original.** Present the original advance parole document on re-entry and carry a copy of the I-485 receipt notice. - **Return before it expires.** If advance parole expires while you are abroad, you cannot use it to re-enter. This is a serious situation requiring separate handling. - **Every entry is inspected.** U.S. Customs and Border Protection (CBP) may question the purpose of travel and immigration history. Anyone with a criminal record, prior overstay, or other complex history should consult an attorney before traveling. - **Effect on existing nonimmigrant status.** H-1B and L-1 holders who travel on their underlying status generally do not affect the I-485. Entering on advance parole, however, ends certain statuses (for example F-1), after which employment depends on the EAD. ## Work and status With an EAD, the applicant may work for any employer or be self-employed, free of the employer and scope restrictions of the prior nonimmigrant status. Two cautions: - To preserve a nonimmigrant status such as H-1B as a fallback, do not use the EAD for work outside what that status permits and do not enter on advance parole; either can terminate the underlying status. - Remaining in the U.S. solely on a pending I-485 with an EAD and advance parole, sometimes called "adjustment pending" status, is lawful, but a denial of the I-485 removes the basis for staying. Discuss the trade-off between keeping the underlying status and the convenience of the EAD and advance parole with counsel. ## Renewal If the I-485 is still pending when the EAD or advance parole nears expiration, file for renewal. - **Timing**: file several months before expiration to allow for USCIS processing. USCIS provides automatic extensions for some EAD renewal categories; the scope and duration follow current USCIS announcements. - **Fees**: renewals require payment under the current fee schedule. - **Documents**: copies of the existing EAD and advance parole, the I-485 receipt notice, photos, and identity documents. - **Advance parole renewal**: if travel is planned after the current document expires, renew early and do not depart between the old document's expiration and the new one's approval. ## Fitting into the EB-5 timeline The EAD and advance parole cover only the I-485 pending period. Once the I-485 is approved, the applicant holds a two-year conditional green card, which itself authorizes work and travel; the EAD and advance parole are no longer needed. Within the 90 days before the two-year period ends, the investor files Form I-829 to remove conditions. See [I-829: Removing Conditions on Your Green Card](/guides/i829-removal-of-conditions/). ## Key takeaways - The EAD (I-765) and advance parole (I-131) are ancillary to the I-485 and may be filed concurrently with the I-526E and I-485. - Leaving the U.S. before advance parole is approved generally abandons the I-485, except for dual-intent statuses such as H-1B and L-1. - Entry on advance parole is a parole, not an admission; applicants with a complex history should consult counsel first. - Validity and format follow the documents USCIS issues; file renewals several months ahead. - Using the EAD or entering on advance parole can terminate an existing nonimmigrant status; plan the trade-off in advance. - Fees follow the current USCIS fee schedule. > This article is general information, not legal advice. Consult an immigration attorney about travel and status decisions.